Section § 67380

Explanation

This law requires colleges and universities in California, funded with public money, to track and report campus crimes, specifically those involving violence, hate crimes, theft, drugs, and alcohol issues. Campuses must also report noncriminal hate violence and protect victims' identities. These institutions must maintain safety plans accessible to students and staff, and report hate-related incidents online. Schools must also inform local law enforcement about severe threats. Violating schools could face civil penalties, such as paying damages up to $1,000 for refusing to disclose information. This applies to public institutions with more than 1,000 students unless funds are unavailable for community colleges.

(a)CA Education Code § 67380(a) Except as provided in subparagraph (C) of paragraph (6), the governing board of each community college district, the Trustees of the California State University, the Board of Directors of the college named in Section 92200, the Regents of the University of California, and the governing board of any postsecondary educational institution receiving public funds for student financial assistance shall do all of the following:
(1)CA Education Code § 67380(a)(1) Require the appropriate officials at each campus within their respective jurisdictions to compile records of both of the following:
(A)CA Education Code § 67380(a)(1)(A) All occurrences reported to campus police, campus security personnel, or campus safety authorities of, and arrests for, crimes that are committed on campus and that involve violence, hate violence, theft, destruction of property, illegal drugs, or alcohol intoxication.
(B)CA Education Code § 67380(a)(1)(B) All occurrences of noncriminal acts of hate violence reported to, and for which a written report is prepared by, designated campus authorities.
(2)CA Education Code § 67380(a)(2) Require any written record of a noncriminal act of hate violence to include, but not be limited to, the following:
(A)CA Education Code § 67380(a)(2)(A) A description of the act of hate violence.
(B)CA Education Code § 67380(a)(2)(B) Victim characteristics.
(C)CA Education Code § 67380(a)(2)(C) Offender characteristics, if known.
(3)Copy CA Education Code § 67380(a)(3)
(A)Copy CA Education Code § 67380(a)(3)(A) Make the information concerning the crimes compiled pursuant to subparagraph (A) of paragraph (1) available within two business days following the request of any student or employee of, or applicant for admission to, any campus within their respective jurisdictions, or to the media, unless the information is the type of information exempt from disclosure pursuant to Article 1 (commencing with Section 7923.600) of Chapter 1 of Part 5 of Division 10 of Title 1 of the Government Code, in which case the information is not required to be disclosed. Notwithstanding Article 1 (commencing with Section 7923.600) of Chapter 1 of Part 5 of Division 10 of Title 1 of the Government Code, the name or any other personally identifying information of a victim of any crime defined by Section 243.4, 261, 262, 264, 264.1, 273a, 273d, 273.5, 286, 287, 288, 289, 422.6, 422.7, or 422.75 of, or former Section 288a of, the Penal Code shall not be disclosed without the permission of the victim, or the victim’s parent or guardian if the victim is a minor.
(B)CA Education Code § 67380(a)(3)(A)(B) For purposes of this paragraph and subparagraph (A) of paragraph (1), the campus police, campus security personnel, and campus safety authorities described in subparagraph (A) of paragraph (1) shall be included within the meaning of “state or local police agency” and “state and local law enforcement agency,” as those terms are used in Article 1 (commencing with Section 7923.600) of Chapter 1 of Part 5 of Division 10 of Title 1 of the Government Code.
(4)CA Education Code § 67380(a)(4) Require the appropriate officials at each campus within their respective jurisdictions to prepare, prominently post, and copy for distribution on request, a campus safety plan that sets forth all of the following: the availability and location of security personnel, methods for summoning assistance of security personnel, any special safeguards that have been established for particular facilities or activities, any actions taken in the preceding 18 months to increase safety, and any changes in safety precautions expected to be made during the next 24 months. For purposes of this section, posting and distribution may be accomplished by including relevant safety information in a student handbook or brochure that is made generally available to students.
(5)CA Education Code § 67380(a)(5) Require the appropriate officials at each campus within their respective jurisdictions to report information compiled pursuant to paragraph (1) relating to hate violence to the governing board, trustees, board of directors, or regents, as the case may be. The governing board, trustees, board of directors, or regents, as the case may be, shall, upon collection of that information from all of the campuses within their jurisdiction, make a report containing a compilation of that information available to the general public on the internet website of each respective institution. It is the intent of the Legislature that the governing board of each community college district, the Trustees of the California State University, the Board of Directors of the college named in Section 92200, the Regents of the University of California, and the governing board of any postsecondary educational institution receiving public funds for student financial assistance establish guidelines for identifying and reporting occurrences of hate violence. It is the intent of the Legislature that the guidelines established by these institutions of higher education be as consistent with each other as possible. These guidelines shall be developed in consultation with the Civil Rights Department and the California Association of Human Relations Organizations.
(6)Copy CA Education Code § 67380(a)(6)
(A)Copy CA Education Code § 67380(a)(6)(A) Notwithstanding Article 1 (commencing with Section 7923.600) of Chapter 1 of Part 5 of Division 10 of Title 1 of the Government Code, require any report made by a victim or an employee pursuant to Section 67383 of a Part 1 violent crime, sexual assault, or hate crime, as described in Section 422.55 of the Penal Code, received by a campus security authority and made by the victim for purposes of notifying the institution or law enforcement, to be immediately, or as soon as practicably possible, disclosed to the local law enforcement agency with which the institution has a written agreement pursuant to Section 67381 without identifying the victim, unless the victim consents to being identified after the victim has been informed of the victim’s right to have the victim’s personally identifying information withheld. If the victim does not consent to being identified, the alleged assailant shall not be identified in the information disclosed to the local law enforcement agency, unless the institution determines both of the following, in which case the institution shall disclose the identity of the alleged assailant to the local law enforcement agency and shall immediately inform the victim of that disclosure:
(i)CA Education Code § 67380(a)(6)(A)(i) The alleged assailant represents a serious or ongoing threat to the safety of students, employees, or the institution.
(ii)CA Education Code § 67380(a)(6)(A)(ii) The immediate assistance of the local law enforcement agency is necessary to contact or detain the assailant.
(B)CA Education Code § 67380(a)(6)(A)(B) The requirements of this paragraph shall not constitute a waiver of, or exception to, any law providing for the confidentiality of information.
(C)CA Education Code § 67380(a)(6)(A)(C) This paragraph applies only as a condition for participation in the Cal Grant Program established pursuant to Chapter 1.7 (commencing with Section 69430) of Part 42.
(b)CA Education Code § 67380(b) Any person who is refused information required to be made available pursuant to subparagraph (A) of paragraph (1) of subdivision (a) may maintain a civil action for damages against any institution that refuses to provide the information, and the court shall award that person an amount not to exceed one thousand dollars ($1,000) if the court finds that the institution refused to provide the information.
(c)CA Education Code § 67380(c) For purposes of this section:
(1)CA Education Code § 67380(c)(1) “Hate violence” means any act of physical intimidation or physical harassment, physical force or physical violence, or the threat of physical force or physical violence, that is directed against any person or group of persons, or the property of any person or group of persons because of the ethnicity, race, national origin, religion, sex, sexual orientation, gender identity, gender expression, disability, or political or religious beliefs of that person or group.
(2)CA Education Code § 67380(c)(2) “Part 1 violent crime” means willful homicide, forcible rape, robbery, or aggravated assault, as defined in the Uniform Crime Reporting Handbook of the Federal Bureau of Investigation.
(3)CA Education Code § 67380(c)(3) “Sexual assault” includes, but is not limited to, rape, forced sodomy, forced oral copulation, rape by a foreign object, sexual battery, or the threat of any of these.
(d)CA Education Code § 67380(d) This section does not apply to the governing board of a private postsecondary educational institution receiving funds for student financial assistance with a full-time enrollment of less than 1,000 students.
(e)CA Education Code § 67380(e) This section shall apply to a campus of one of the public postsecondary educational systems identified in subdivision (a) only if that campus has a full-time equivalent enrollment of more than 1,000 students.
(f)CA Education Code § 67380(f) Notwithstanding any other provision of this section, this section shall not apply to the California Community Colleges unless and until the Legislature makes funds available to the California Community Colleges for the purposes of this section.

Section § 67381

Explanation

This law emphasizes that campus law enforcement agencies have the primary role in handling police and security services, including investigating crimes on campus. It requires state universities, University of California campuses, and independent colleges to have written agreements with local law enforcement to spell out who investigates certain serious crimes, like violent acts and sexual assault, occurring on campus. These agreements should identify which agency is responsible and define geographic boundaries, and they must be reviewed and updated every five years starting July 2016.

Each law enforcement agency must cover its own investigation costs unless stated otherwise in these agreements. The law doesn't change any current agreements or mutual aid procedures and continues to give campus police authority on their grounds. This section is also referred to as the Kristin Smart Campus Safety Act of 1998.

(a)CA Education Code § 67381(a) The Legislature reaffirms that campus law enforcement agencies have the primary authority for providing police or security services, including the investigation of criminal activity, to their campuses.
(b)CA Education Code § 67381(b) The Trustees of the California State University, the Regents of the University of California, and the governing board of independent postsecondary institutions, as defined, shall adopt rules requiring each of their respective campuses to enter into written agreements with local law enforcement agencies that clarify operational responsibilities for investigations of Part 1 violent crimes, sexual assaults, and hate crimes occurring on each campus.
(c)CA Education Code § 67381(c) Local law enforcement agencies shall enter into written agreements with campus law enforcement agencies if there are college or university campuses of the governing entities specified in subdivision (b) located in the jurisdictions of the local law enforcement agencies.
(d)CA Education Code § 67381(d) Each written agreement entered into pursuant to this section shall designate which law enforcement agency shall have operational responsibility for the investigation of each Part 1 violent crime, sexual assault, and hate crime, and delineate the specific geographical boundaries of each agency’s operational responsibility, including maps as necessary.
(e)CA Education Code § 67381(e) A written agreement entered into pursuant to this section shall be reviewed, updated if necessary, and made available for public viewing by July 1, 2016, and every five years thereafter.
(f)CA Education Code § 67381(f) Each agency shall be responsible for its own costs of investigation unless otherwise specified in a written agreement.
(g)CA Education Code § 67381(g) Nothing in this section shall affect existing written agreements between campus law enforcement agencies and local law enforcement agencies that otherwise meet the standards contained in subdivision (d) or any existing mutual aid procedures established pursuant to state or federal law.
(h)CA Education Code § 67381(h) Nothing in this section shall be construed to limit the authority of campus law enforcement agencies to provide police services to their campuses.
(i)CA Education Code § 67381(i) As used in this section, the following terms have the following meanings:
(1)CA Education Code § 67381(i)(1) “Local law enforcement agencies” means city or county law enforcement agencies with operational responsibilities for police services in the community in which a campus is located.
(2)CA Education Code § 67381(i)(2) “Part 1 violent crimes” means willful homicide, forcible rape, robbery, and aggravated assault, as defined in the Uniform Crime Reporting Handbook of the Federal Bureau of Investigation.
(3)CA Education Code § 67381(i)(3) “Hate crime” means any offense described in Section 422.55 of the Penal Code.
(4)CA Education Code § 67381(i)(4) “Sexual assault” includes, but is not limited to, rape, forced sodomy, forced oral copulation, rape by a foreign object, sexual battery, or threat of any of these.
(5)CA Education Code § 67381(i)(5) “Independent postsecondary institutions” means institutions operating pursuant to Section 830.6 of the Penal Code or pursuant to a memorandum of understanding as described in subdivision (b) of Section 830.7 of the Penal Code.
(j)CA Education Code § 67381(j) This section shall be known and may be cited as the Kristin Smart Campus Safety Act of 1998.
(k)CA Education Code § 67381(k) It is the intent of the Legislature by enacting this section to provide the public with clear information regarding the operational responsibilities for the investigation of crimes occurring on university and college campuses by setting minimum standards for written agreements to be entered into by campus law enforcement agencies and local law enforcement agencies.

Section § 67381.1

Explanation

This law says that campus police departments are primarily responsible for security and investigating crimes on college campuses. Each community college must have an agreement with local police to outline who handles serious crimes like homicide, rape, robbery, and assault. These agreements should specify which department handles investigations and clearly define their geographical responsibility.

These agreements must be public, and each police agency covers its own investigation costs unless the agreement says otherwise. Existing agreements that already meet these standards are not affected. Campus police rights remain unchanged to provide campus security.

(a)CA Education Code § 67381.1(a) The Legislature reaffirms that campus law enforcement agencies have the primary authority for providing police or security services, including the investigation of criminal activity, to their campuses.
(b)CA Education Code § 67381.1(b) The governing board of each community college district shall adopt rules requiring each of their respective campuses to enter into written agreements with local law enforcement agencies that clarify operational responsibilities for investigations of Part 1 violent crimes occurring on each campus.
(c)CA Education Code § 67381.1(c) Local law enforcement agencies shall enter into written agreements with community college campus law enforcement agencies if there are community college campuses located in the jurisdictions of the local law enforcement agencies.
(d)CA Education Code § 67381.1(d) Each written agreement entered into pursuant to this section shall designate which law enforcement agency shall have operational responsibility for the investigation of each Part 1 violent crime and delineate the specific geographical boundaries of each agency’s operational responsibility, including maps as necessary.
(e)CA Education Code § 67381.1(e) Written agreements regarding community college law enforcement agencies entered into pursuant to this section or pursuant to Section 67381 as that section read before January 1, 2016, shall be available for public viewing.
(f)CA Education Code § 67381.1(f) Each agency shall be responsible for its own costs of investigation unless otherwise specified in a written agreement.
(g)CA Education Code § 67381.1(g) Nothing in this section shall affect existing written agreements between community college campus law enforcement agencies and local law enforcement agencies that otherwise meet the standards contained in subdivision (d) or any existing mutual aid procedures established pursuant to state or federal law.
(h)CA Education Code § 67381.1(h) Nothing in this section shall be construed to limit the authority of community college campus law enforcement agencies to provide police services to their campuses.
(i)CA Education Code § 67381.1(i) As used in this section, the following terms have the following meanings:
(1)CA Education Code § 67381.1(i)(1) “Local law enforcement agencies” means city or county law enforcement agencies with operational responsibilities for police services in the community in which a campus is located.
(2)CA Education Code § 67381.1(i)(2) “Part 1 violent crimes” means willful homicide, forcible rape, robbery, and aggravated assault, as defined in the Uniform Crime Reporting Handbook of the Federal Bureau of Investigation.
(j)CA Education Code § 67381.1(j) It is the intent of the Legislature by enacting this section to provide the public with clear information regarding the operational responsibilities for the investigation of crimes occurring on community college campuses by setting minimum standards for written agreements to be entered into by community college campus law enforcement agencies and local law enforcement agencies.
(k)Copy CA Education Code § 67381.1(k)
(1)Copy CA Education Code § 67381.1(k)(1) Upon the governing board of a community college district adopting a rule requiring each of its campuses to update an agreement entered into pursuant to this section or pursuant to Section 67381 as that section read before January 1, 2016, the governing board of the community college district shall be treated as a governing entity specified in subdivision (b) of Section 67381 and the community college district and its campuses shall be subject to the requirements of Section 67381 instead of this section.
(2)CA Education Code § 67381.1(k)(2) The Legislature encourages the governing board of each community college district to adopt a rule requiring each of its respective campuses to update these agreements.

Section § 67382

Explanation

This section requires the State Auditor to conduct an audit every three years on at least six California colleges and universities receiving federal student aid. The audit examines how these schools gather and report crime statistics, ensuring they comply with the Jeanne Clery Act and state laws on crime reporting.

Additionally, these institutions must implement policies allowing victims or witnesses to report crimes to campus security confidentially or anonymously. The audit results must be sent to the chairs of the Assembly and Senate Committees on Education.

(a)Copy CA Education Code § 67382(a)
(1)Copy CA Education Code § 67382(a)(1)  On or before January 1, 2004, and every three years thereafter, the State Auditor shall report the results of an audit of a sample of not less than six institutions of postsecondary education in California that receive federal student aid. The audit shall do both of the following:
(A)CA Education Code § 67382(a)(1)(A) Evaluate the accuracy of the institutions’ statistics and the procedures used by the institutions to identify, gather, and track data for publishing, disseminating, and reporting accurate crime statistics in compliance with the requirements of the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 U.S.C. Sec. 1092(f)(1) and (5)).
(B)CA Education Code § 67382(a)(1)(B) Evaluate the institutions’ compliance with state law governing crime reporting and the development and implementation of policies and procedures pursuant to this chapter.
(2)CA Education Code § 67382(a)(2) The results of the annual audits described in paragraph (1) shall be submitted to the respective chairs of the Assembly Committee on Higher Education and the Senate Committee on Education.
(b)CA Education Code § 67382(b) The Legislature finds and declares that institutions of higher education that are subject to the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 U.S.C. Sec. 1092(f)(1) and (5)) should establish and publicize a policy that allows victims or witnesses to report crimes to the campus police department or to a specified campus security authority, on a voluntary, confidential, or anonymous basis.

Section § 67382.1

Explanation

This law requires the California State Auditor to regularly review and report on how well the California State University and the University of California are dealing with sexual harassment. By September 1, 2026, and every three years after, the auditor must evaluate policies and practices to ensure they align with laws and best practices. The audits will assess both systemwide oversight and specifically look into two campuses from each university system. They'll check if harassment policies work, propose improvements, and ensure disciplinary actions are effective. The auditor must report findings to certain legislative committees, and the law is set to expire on January 1, 2036.

(a)CA Education Code § 67382.1(a) On or before September 1, 2026, and every three years thereafter, the California State Auditor shall report the results of an audit of the ability of the California State University and the University of California to address and prevent sexual harassment on campus. The audit for each institution shall do all of the following:
(1)CA Education Code § 67382.1(a)(1) Evaluate the systemwide policies and practices on sexual harassment and determine whether the policies and practices are consistent with federal and state law and best practices.
(2)CA Education Code § 67382.1(a)(2) Evaluate the efforts of the systemwide office to provide consistency in, and oversight of, how campuses within the respective system respond to complaints of sexual harassment and determine if the efforts of the systemwide office are adequate to prevent, detect, and address sexual harassment and are consistent with federal and state law and best practices.
(3)CA Education Code § 67382.1(a)(3) Evaluate two campuses from the California State University and two campuses from the University of California on all of the following:
(A)CA Education Code § 67382.1(a)(3)(A) Whether existing campus policies and practices are adequate to detect, address, and prevent the reoccurrence of sexual harassment.
(B)CA Education Code § 67382.1(a)(3)(B) Whether existing campus policies and practices are consistent with federal and state law and best practices.
(C)CA Education Code § 67382.1(a)(3)(C) Whether the investigatory process for sexual harassment complaints can be improved.
(D)CA Education Code § 67382.1(a)(3)(D) For sexual harassment complaints that are substantiated following an investigation, analyze selected complaints within two years of the audit’s initial date to assess whether the discipline administered was proportional to the conduct, effectively deterred future harassment, and was consistent.
(4)CA Education Code § 67382.1(a)(4) Review and assess any other issues that are significant to the audit, including identifying any changes that might result in improvements in the ability of the California State University and the University of California to address and prevent sexual harassment on campus.
(b)CA Education Code § 67382.1(b) Notwithstanding Section 10231.5 of the Government Code, the California State Auditor shall report the findings of each audit conducted pursuant to subdivision (a) to the respective chairs of the Assembly Committee on Higher Education, the Senate Committee on Education, and the Joint Legislative Audit Committee, consistent with the requirements of Section 9795 of the Government Code.
(c)CA Education Code § 67382.1(c) For purposes of this section, the following definitions apply:
(1)CA Education Code § 67382.1(c)(1) “Sexual harassment” has the same definition as in Section 66262.5.
(2)CA Education Code § 67382.1(c)(2) “Systemwide office” means the office of the Chancellor of the California State University or the office of the President of the University of California.
(d)CA Education Code § 67382.1(d) This section shall remain in effect only until January 1, 2036, and as of that date is repealed.

Section § 67382.2

Explanation

By September 1, 2028, and every five years after, the California State Auditor must audit at least three community college districts. The audit checks if the colleges have effective policies to detect, handle, and prevent sexual harassment, if their policies align with laws and best practices, and how the investigation process might improve. It also evaluates whether disciplinary actions for confirmed harassment cases, reviewed within two years of the audit, were appropriate and effective. The findings must be reported to specific legislative committees, and this requirement will be in effect until January 1, 2044.

(a)CA Education Code § 67382.2(a) On or before September 1, 2028, and every five years thereafter, the California State Auditor shall report the results of an audit of a sample of no less than three community college districts. The audit shall evaluate all of the following:
(1)CA Education Code § 67382.2(a)(1) Whether each community college district’s policies and practices are adequate to detect, address, and prevent the reoccurrence of sexual harassment.
(2)CA Education Code § 67382.2(a)(2) Whether each community college district’s policies and practices are consistent with federal and state law and best practices.
(3)CA Education Code § 67382.2(a)(3) Whether the investigatory process for sexual harassment complaints can be improved.
(4)CA Education Code § 67382.2(a)(4) For sexual harassment complaints that are substantiated following an investigation, analyze selected complaints within two years of the audit’s initial date to assess whether the discipline administered was proportional to the conduct, effectively deterred future harassment, and was consistent.
(b)CA Education Code § 67382.2(b) Notwithstanding Section 10231.5 of the Government Code, the California State Auditor shall report the findings of each audit conducted pursuant to subdivision (a) to the respective chairs of the Assembly Committee on Higher Education, the Senate Committee on Education, and the Joint Legislative Audit Committee, consistent with the requirements of Section 9795 of the Government Code.
(c)CA Education Code § 67382.2(c) This section shall remain in effect only until January 1, 2044, and as of that date is repealed.

Section § 67383

Explanation

This section requires colleges and universities in California to create policies ensuring reports of violent crimes, sexual assaults, or hate crimes, whether on or off campus, are quickly forwarded to law enforcement. Victims' identities are kept confidential unless they consent to be identified after being informed of their rights.

If the campus has its own police department, they receive the report. Otherwise, it goes to local police. Definitions are provided for 'hate crime,' 'local law enforcement agency,' 'on or off campus,' 'Part 1 violent crime,' and 'sexual assault.'

This requirement does not override any laws protecting the confidentiality of information.

(a)CA Education Code § 67383(a) As a condition for participation in the Cal Grant Program established pursuant to Chapter 1.7 (commencing with Section 96430) of Part 42, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing board of each private and independent postsecondary institution shall, on or before July 1, 2015, adopt and implement written policies and procedures to ensure that any report of a Part 1 violent crime, sexual assault, or hate crime, committed on or off campus, received by a campus security authority, as defined pursuant to Section 668.46 of Title 34 of the Code of Federal Regulations, as that section existed on May 15, 2014, and made by the victim for purposes of notifying the institution or law enforcement, is immediately, or as soon as practicably possible, forwarded to the appropriate law enforcement agency.
(b)CA Education Code § 67383(b) Notwithstanding Article 1 (commencing with Section 7923.600) of Chapter 1 of Part 5 of Division 10 of Title 1 of the Government Code, the report shall be forwarded to the appropriate law enforcement agency without identifying the victim, unless the victim consents to being identified after the victim has been informed of the victim’s right to have the victim’s personally identifying information withheld.
(c)CA Education Code § 67383(c) For purposes of this section, the appropriate law enforcement agency shall be a campus law enforcement agency if one has been established on the campus where the report was made. If no campus law enforcement agency has been established, the report shall be immediately, or as soon as practicably possible, forwarded to a local law enforcement agency.
(d)CA Education Code § 67383(d) For purposes of this section:
(1)CA Education Code § 67383(d)(1) “Hate crime” means any offense as described in Section 422.55 of the Penal Code.
(2)CA Education Code § 67383(d)(2) “Local law enforcement agency” means a city or county law enforcement agency with operational responsibilities for police services in the community in which a campus is located.
(3)CA Education Code § 67383(d)(3) “On or off campus” means the campus and any noncampus building or property as defined in Section 668.46 of Title 34 of the Code of Federal Regulations, as that section existed on May 15, 2014.
(4)CA Education Code § 67383(d)(4) “Part 1 violent crime” means willful homicide, forcible rape, robbery, or aggravated assault, as defined in the Uniform Crime Reporting Handbook of the Federal Bureau of Investigation.
(5)CA Education Code § 67383(d)(5) “Sexual assault” includes, but is not limited to, rape, forced sodomy, forced oral copulation, rape by a foreign object, sexual battery, or the threat of any of these.
(e)CA Education Code § 67383(e) The requirements of this section shall not constitute a waiver of, or exception to, any law providing for the confidentiality of information.

Section § 67384

Explanation

This law section mandates that community colleges, California State University campuses, and encourages University of California campuses to educate students about opioid overdose risks during campus orientations. They must provide information on the use and location of fentanyl test strips and opioid overdose reversal medications. At the start of each academic term, students should receive an email about these resources’ availability. Furthermore, campus health centers must apply to distribute opioid overdose reversal medication under the Naloxone Distribution Project and stock fentanyl test strips, providing clear instructions on their use.

(a)CA Education Code § 67384(a) The governing board of each community college district and the Trustees of the California State University shall, and the Regents of the University of California are requested to, do both of the following:
(1)CA Education Code § 67384(a)(1) In collaboration with campus-based and community-based recovery advocacy organizations, provide, as part of established campus orientations, educational and preventive information provided by the State Department of Public Health about opioid overdose and information about the use and location of fentanyl test strips and opioid overdose reversal medication to students at all campuses of their respective segments.
(2)CA Education Code § 67384(a)(2) Notify, by sending an email at the beginning of each academic semester or term, students of the presence and location of fentanyl test strips and opioid overdose reversal medication.
(b)CA Education Code § 67384(b) The governing board of each community college district and the Trustees of the California State University shall, and the Regents of the University of California are requested to, require that each campus health center located on a campus within their respective segments do all of the following:
(1)CA Education Code § 67384(b)(1) Apply to use the statewide standing order issued by the State Public Health Officer to distribute dosages of a federally approved opioid overdose reversal medication, and to participate in the Naloxone Distribution Project administered by the State Department of Health Care Services.
(2)CA Education Code § 67384(b)(2) Upon approval for use of the statewide standing order and participation in the Naloxone Distribution Project, distribute a federally approved opioid overdose reversal medication obtained through the Naloxone Distribution Project in accordance with its terms and conditions.
(3)CA Education Code § 67384(b)(3) Stock fentanyl test strips in the campus health center and distribute the fentanyl test strips through the campus health center. Written instructions on how to properly use the fentanyl test strips shall be distributed together with the fentanyl test strips.

Section § 67384.5

Explanation

This law mandates that California State University and community colleges must inform students about opioid overdose prevention training given to residential advisors and house managers. At the start of each term, students living on campus must receive training on using opioid reversal medication. Each campus health center must supply two doses of this medication to student housing and fraternity or sorority facilities. The institutions must keep these doses in accessible places and ensure everyone knows where they are. Advisors and managers must educate residents about their training and access to medication for emergencies. Importantly, no student will face disciplinary actions for drug-related policy violations linked to using the medication during an overdose situation. The emphasis is on student safety above all.

(a)CA Education Code § 67384.5(a) The governing board of each community college district and the Trustees of the California State University shall do all of the following:
(1)CA Education Code § 67384.5(a)(1) Notify students, by sending an email at the beginning of each academic semester or term, that each residential advisor and house manager, or the equivalent position, has received opioid overdose prevention and treatment training consistent with Naloxone Distribution Project terms and conditions.
(2)CA Education Code § 67384.5(a)(2) Require that each campus train all students who live on campus on the use of opioid overdose reversal medication during student orientation for each academic semester or term.
(3)CA Education Code § 67384.5(a)(3) Require that each campus health center located on a campus within their respective segments distribute, at the beginning of each academic semester or term, two doses of a federally approved opioid overdose reversal medication obtained through the Naloxone Distribution Project in accordance with its terms and conditions, to each university- or college-affiliated student housing facility and each university- or college-affiliated fraternity or sorority facility.
(4)CA Education Code § 67384.5(a)(4) Require each university- or college-affiliated student housing facility to maintain unexpired doses of the opioid overdose reversal medication in two different accessible locations in a lockable, emergency-breakable box and ensure that each residential advisor, or the equivalent position, and each resident are aware of the locations of the lockable, emergency-breakable boxes.
(5)CA Education Code § 67384.5(a)(5) Require each university- or college-affiliated fraternity or sorority facility to maintain unexpired doses of the opioid overdose reversal medication in an accessible location and ensure that each house manager, or the equivalent position, is aware of the location of the opioid overdose reversal medication.
(6)Copy CA Education Code § 67384.5(a)(6)
(A)Copy CA Education Code § 67384.5(a)(6)(A) Ensure that each residential advisor and each house manager, or the equivalent positions, receives opioid overdose prevention and treatment training consistent with Naloxone Distribution Project terms and conditions.
(B)CA Education Code § 67384.5(a)(6)(A)(B) The training required by subparagraph (A) shall include instruction that, at the beginning of each academic semester or term, each residential advisor and house manager, or the equivalent positions, shall inform students that they have training to use opioid overdose reversal medication and access to it in the event of an overdose.
(b)CA Education Code § 67384.5(b) The institution’s primary concern in implementing paragraphs (4) and (5) of subdivision (a) shall be student safety. Disciplinary measures shall not be imposed for any violation of the institution’s student conduct policy regarding drug possession, use, or treatment that occurs at or near the time of the incident where the residential advisor or house manager, or the equivalent position, or resident administers a dose of a federally approved opioid overdose reversal medication obtained through the Naloxone Distribution Project in accordance with its terms and conditions.

Section § 67385

Explanation

This law requires each public higher education institution in California to establish procedures for supporting victims of sexual assault or domestic violence on campus or associated locations. These procedures must include information on campus policies regarding these crimes, notification processes, available services, confidentiality protocols, and options for victims, such as counseling and legal actions.

The policy must guarantee confidentiality and explain available resources and remedies, like academic assistance and alternate housing. Institutions are to review these procedures annually with input from relevant counselors and stakeholders.

Counselors must be independent from the Title IX office, meeting specific qualifications, and their services should not be contingent upon victims reporting incidents to authorities. Consent from victims is needed before disclosing their identities, maintaining confidentiality and privacy. The law clarifies the definition of sexual assault and outlines what constitutes "specific permission" for disclosure.

(a)CA Education Code § 67385(a) The governing board of each community college district, the Trustees of the California State University, the Board of Directors of the college named in Section 92200, and the Regents of the University of California shall each adopt, and implement at each of their respective campuses or other facilities, a written procedure or protocols to ensure, to the fullest extent possible, that students, faculty, and staff who are victims of sexual assault or domestic violence committed at or upon locations, including, but not limited to, the grounds of the institution, off-campus grounds or facilities maintained by the institution, or grounds or facilities maintained by affiliated student organizations, shall receive treatment and information. If appropriate on-campus treatment facilities are unavailable, the written procedure or protocols may provide for referrals to local community treatment centers.
(b)CA Education Code § 67385(b) The written procedure or protocols adopted pursuant to subdivision (a) shall contain at least the following information:
(1)CA Education Code § 67385(b)(1) The college policy regarding sexual assault on campus.
(2)CA Education Code § 67385(b)(2) Personnel on campus who should be notified, and procedures for notification, with the consent of the victim.
(3)CA Education Code § 67385(b)(3) Legal reporting requirements, and procedures for fulfilling them.
(4)CA Education Code § 67385(b)(4) Services available to victims, and personnel responsible for providing these services, such as the person assigned to transport the victim to the hospital, to refer the victim to a counseling center, and to notify the police, with the victim’s concurrence.
(5)CA Education Code § 67385(b)(5) A description of campus resources available to victims, as well as appropriate off-campus services.
(6)CA Education Code § 67385(b)(6) Procedures for ongoing case management, including procedures for keeping the victim informed of the status of any student disciplinary proceedings in connection with the sexual assault or domestic violence, and the results of any disciplinary action or appeal, and helping the victim deal with academic difficulties that may arise because of the victimization and its impact.
(7)CA Education Code § 67385(b)(7) Procedures for guaranteeing confidentiality and appropriately handling requests for information from the press, concerned students, and parents.
(8)CA Education Code § 67385(b)(8) Procedures ensuring that each victim of sexual assault or domestic violence receives information about the availability of at least all of the following options:
(A)CA Education Code § 67385(b)(8)(A) Counselors and support services for victims.
(B)CA Education Code § 67385(b)(8)(B) Criminal prosecutions.
(C)CA Education Code § 67385(b)(8)(C) Civil prosecutions.
(D)CA Education Code § 67385(b)(8)(D) The disciplinary process through the college.
(E)CA Education Code § 67385(b)(8)(E) Alternative dispute resolution or other accountability processes.
(F)CA Education Code § 67385(b)(8)(F) Alternative housing assignments.
(G)CA Education Code § 67385(b)(8)(G) Academic assistance alternatives.
(c)CA Education Code § 67385(c) The written procedure or protocols adopted pursuant to subdivision (a) shall be reviewed annually, and updated as necessary in collaboration with sexual assault and domestic violence counselors and student, faculty, and staff representatives.
(d)CA Education Code § 67385(d) Each segment of higher education shall implement this chapter from existing funds and resources available to it.
(e)Copy CA Education Code § 67385(e)
(1)Copy CA Education Code § 67385(e)(1) Sexual assault and domestic violence counselors shall be independent from the Title IX office, and shall, at a minimum, meet the qualifications defined in Sections 1035.2 and 1037.1 of the Evidence Code, respectively.
(2)CA Education Code § 67385(e)(2) Services provided by sexual assault and domestic violence counselors, including, but not limited to, securing alternative housing assignments and academic assistance alternatives, shall not be contingent on a victim’s decision to report to the Title IX office or law enforcement.
(f)Copy CA Education Code § 67385(f)
(1)Copy CA Education Code § 67385(f)(1) A sexual assault or domestic violence counselor shall obtain specific permission from the victim before disclosing the identity of the victim, or any information that could reasonably be expected to reveal the identity of the victim, to the university or any other authority, including law enforcement, unless otherwise required to do so by applicable state or federal law.
(2)CA Education Code § 67385(f)(2) This subdivision is intended to maintain confidentiality, preserve any applicable privileges, including, but not limited to, Article 8.5 (commencing with Section 1035) and Article 8.7 (commencing with Section 1037) of Chapter 4 of Division 8 of the Evidence Code, and protect the privacy of students requesting assistance from a sexual assault or domestic violence counselor.
(g)CA Education Code § 67385(g) For purposes of this section, all of the following apply:
(1)CA Education Code § 67385(g)(1) “Sexual assault” includes, but is not limited to, rape, forced sodomy, forced oral copulation, rape by a foreign object, sexual battery, or threat of sexual assault.
(2)Copy CA Education Code § 67385(g)(2)
(A)Copy CA Education Code § 67385(g)(2)(A) “Specific permission” means all of the following:
(i)CA Education Code § 67385(g)(2)(A)(i) The permission is limited to disclosure to particular people, for a particular circumstance, or for a particular purpose for which the permission was given.
(ii)CA Education Code § 67385(g)(2)(A)(ii) The permission is limited to the counselor to whom it was given.
(iii)CA Education Code § 67385(g)(2)(A)(iii) The permission may be withdrawn.
(B)CA Education Code § 67385(g)(2)(A)(B) Unlimited or general permission for disclosure is not specific permission.

Section § 67385.7

Explanation

This law mandates that all community colleges and California State Universities (CSUs), and requests the University of California (UC), to provide new and returning students with information about sexual violence and harassment during their orientation programs. This includes posting related information on their websites. The information must cover common myths about sexual violence, how to report incidents, available resources for victims, and potential consequences for perpetrators.

Starting September 2024, these institutions must offer yearly training sessions on these topics, which should also incorporate specific details about substance-facilitated assaults by 2026. Students have to complete this training within six months each academic year. Educational institutions are also encouraged to develop policies that support reporting of sexual crimes and remove any barriers for victims coming forward.

(a)CA Education Code § 67385.7(a) The governing board of each community college district and the Trustees of the California State University shall, and the Regents of the University of California are requested to, in collaboration with campus-based and community-based victim advocacy organizations, provide, as part of established campus orientations, educational and preventive information about sexual violence to students at all campuses of their respective segments. For a campus with an existing on-campus orientation program, this information shall be provided, in addition to the sexual harassment information required to be provided pursuant to subdivision (e) of Section 66281.5, during the regular orientation for incoming students.
(b)Copy CA Education Code § 67385.7(b)
(1)Copy CA Education Code § 67385.7(b)(1) Each campus of the California Community Colleges and the California State University shall post educational and preventive information on sexual violence and sexual harassment on its campus internet website.
(2)CA Education Code § 67385.7(b)(2) Each campus of an independent institution of higher education, a private postsecondary educational institution, and the University of California is requested to post educational and preventive information on sexual violence and sexual harassment on its campus internet website.
(c)CA Education Code § 67385.7(c) The educational and preventive information provided pursuant to this section shall include, but not be limited to, all of the following:
(1)CA Education Code § 67385.7(c)(1) Common facts and myths about the causes of sexual violence and sexual harassment.
(2)CA Education Code § 67385.7(c)(2) What constitutes sexual violence and sexual harassment, including information on how to file internal administrative complaints with the institution of higher education and how to file criminal charges with local law enforcement officials.
(3)CA Education Code § 67385.7(c)(3) The availability of, and contact information for, campus and community resources for students who are victims of sexual violence and sexual harassment.
(4)CA Education Code § 67385.7(c)(4) Methods of encouraging peer support for victims and the imposition of sanctions on offenders.
(5)CA Education Code § 67385.7(c)(5) Information regarding campus, criminal, and civil consequences of committing acts of sexual violence and sexual harassment.
(d)Copy CA Education Code § 67385.7(d)
(1)Copy CA Education Code § 67385.7(d)(1) Beginning on September 1, 2024, and each year thereafter, the California Community Colleges, the California State University, independent institutions of higher education that receive state financial assistance, and private postsecondary educational institutions that receive state financial assistance shall, and the University of California is requested to, annually train its students on sexual violence and sexual harassment, and on or before September 1, 2026, and every two years thereafter, consider updating the annual training.
(2)CA Education Code § 67385.7(d)(2) Beginning on September 1, 2024, and each year thereafter, students attending the California Community Colleges shall complete their annual training within six months of the beginning of the academic year.
(3)CA Education Code § 67385.7(d)(3) The annual training for students established in paragraph (1) shall cover all of the following topics:
(A)CA Education Code § 67385.7(d)(3)(A) Common facts and myths about the causes of sexual violence and sexual harassment.
(B)CA Education Code § 67385.7(d)(3)(B) What constitutes sexual violence and sexual harassment, including information on how to file internal administrative complaints with the institution of higher education and how to file criminal charges with local law enforcement officials.
(C)CA Education Code § 67385.7(d)(3)(C) The availability of, and contact information for, campus and community resources for students who are victims of sexual violence and sexual harassment.
(D)CA Education Code § 67385.7(d)(3)(D) Methods of encouraging peer support for victims and the imposition of sanctions on offenders.
(E)CA Education Code § 67385.7(d)(3)(E) Information regarding campus, criminal, and civil consequences of committing acts of sexual violence and sexual harassment.
(F)CA Education Code § 67385.7(d)(3)(F) The contact information of a Title IX coordinator or a similar position.
(G)CA Education Code § 67385.7(d)(3)(G) As referenced in subparagraph (B) of paragraph (6) of subdivision (b) of Section 66281.8, statistics on the prevalence of sexual harassment and sexual violence in the educational setting, and the differing rates at which students experience sexual harassment and sexual assault in the educational setting based on their race, sexual orientation, disability, gender, and gender identity.
(4)CA Education Code § 67385.7(d)(4) Beginning on September 1, 2026, the annual training for students established in paragraph (1) shall cover all of the following topics:
(A)CA Education Code § 67385.7(d)(4)(A) How to recognize if a person is at risk of alcohol- and drug-facilitated sexual assault, including, but not limited to, common symptoms following alcohol and drug consumption and intoxication.
(B)CA Education Code § 67385.7(d)(4)(B) Effective measures that can be taken to prevent involuntary alcohol and drug consumption and ways to respond to circumstances where a person may be involuntarily intoxicated and at risk for alcohol- and drug-facilitated sexual assault.
(C)CA Education Code § 67385.7(d)(4)(C) As part of the topic covered pursuant to subparagraph (A) of paragraph (3), common facts and myths regarding alcohol- and drug-facilitated sexual assault.
(D)CA Education Code § 67385.7(d)(4)(D) Information related to confidential support and care resources for situations that arise as a result of an act of sexual violence or sexual harassment, or both, including, but not limited to, contact information and the availability of confidential medical and transportation services, forensic examination sites, and, to the extent available, rape crisis centers on campus or within the surrounding community of the campus.
(e)CA Education Code § 67385.7(e) This section does not prevent the California Community Colleges, the California State University, independent institutions of higher education, private postsecondary educational institutions, and the University of California from incorporating the training developed pursuant to subdivision (d) from being integrated into existing trainings as referenced in subdivision (a).
(f)CA Education Code § 67385.7(f) A community college district may authorize students to self-certify that they have completed training developed pursuant to this section.
(g)CA Education Code § 67385.7(g) As used in this section, the following terms have the following meanings:
(1)CA Education Code § 67385.7(g)(1) “Drugs” includes, but is not limited to, flunitrazepam, ketamine, and gamma hydroxybutyric acid, which is also known by other names, including, but not limited to, GHB, gamma hydroxyl butyrate, 4-hydroxybutyrate, 4-hydroxybutanoic acid, sodium oxybate, and sodium oxybutyrate.
(2)CA Education Code § 67385.7(g)(2) “Independent institutions of higher education” has the same meaning as that term is defined in Section 66010.
(3)CA Education Code § 67385.7(g)(3) “Private postsecondary educational institution” has the same meaning as that term is defined in Section 94858.
(4)CA Education Code § 67385.7(g)(4) “Sexual violence” and “sexual harassment” have the same meaning as those terms are defined in Section 66262.5.
(5)CA Education Code § 67385.7(g)(5) “Training” or “train” includes, but is not limited to, in-person, remote, or video instruction. “Training” or “train” shall not include instruction that is only provided through written materials.
(h)CA Education Code § 67385.7(h) Campuses of the California Community Colleges and the California State University shall, and campuses of the University of California are requested to, develop policies to encourage students to report any campus crimes involving sexual violence to the appropriate campus authorities.
(i)CA Education Code § 67385.7(i) Campuses are urged to adopt policies to eliminate barriers for victims who come forward to report sexual assaults, and to advise students regarding these policies. These policies may include, but are not limited to, exempting the victim from campus sanctions for being in violation of any campus policies, including alcohol or substance abuse policies or other policies of the campus, at the time of the incident.
(j)CA Education Code § 67385.7(j) The Board of Governors of the California Community Colleges and the Trustees of the California State University shall, and the Regents of the University of California are requested to, develop and adopt regulations setting forth procedures for the implementation of this section by campuses in their respective segments.

Section § 67386

Explanation

California law mandates that all postsecondary institutions adopt a policy to address sexual assault, domestic violence, dating violence, and stalking among students, both on and off campus, to qualify for state funding for financial aid. Key components include an 'affirmative consent' standard, where consent must be clear and ongoing during sexual activity, and policies for evaluating complaints.

Institutions must also establish victim-focused protocols, ensuring confidentiality and offering victim support resources, including counseling and legal assistance. Additionally, these institutions need to collaborate with community organizations for comprehensive support and implement prevention and outreach programs to educate students about policies and rights.

Regarding sexual violence cases, institutions must facilitate access to medical exams and secure transportation for students. They are required to provide ongoing education and outreach to all students, including incoming ones, about recognizing and preventing intimate partner and dating violence.

(a)CA Education Code § 67386(a) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall adopt a policy concerning sexual assault, domestic violence, dating violence, and stalking, as defined in the federal Higher Education Act of 1965 (20 U.S.C. Sec. 1092(f)), involving a student, both on and off campus. The policy shall include all of the following:
(1)CA Education Code § 67386(a)(1) An affirmative consent standard in the determination of whether consent was given by both parties to sexual activity. “Affirmative consent” means affirmative, conscious, and voluntary agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that the person has the affirmative consent of the other or others to engage in the sexual activity. Lack of protest or resistance does not mean consent, nor does silence mean consent. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent.
(2)CA Education Code § 67386(a)(2) A policy that, in the evaluation of complaints in any disciplinary process, it shall not be a valid excuse to alleged lack of affirmative consent that the accused believed that the complainant consented to the sexual activity under either of the following circumstances:
(A)CA Education Code § 67386(a)(2)(A) The accused’s belief in affirmative consent arose from the intoxication or recklessness of the accused.
(B)CA Education Code § 67386(a)(2)(B) The accused did not take reasonable steps, in the circumstances known to the accused at the time, to ascertain whether the complainant affirmatively consented.
(3)CA Education Code § 67386(a)(3) A policy that the standard used in determining whether the elements of the complaint against the accused have been demonstrated is the preponderance of the evidence.
(4)CA Education Code § 67386(a)(4) A policy that, in the evaluation of complaints in the disciplinary process, it shall not be a valid excuse that the accused believed that the complainant affirmatively consented to the sexual activity if the accused knew or reasonably should have known that the complainant was unable to consent to the sexual activity under any of the following circumstances:
(A)CA Education Code § 67386(a)(4)(A) The complainant was asleep or unconscious.
(B)CA Education Code § 67386(a)(4)(B) The complainant was incapacitated due to the influence of drugs, alcohol, or medication, so that the complainant could not understand the fact, nature, or extent of the sexual activity.
(C)CA Education Code § 67386(a)(4)(C) The complainant was unable to communicate due to a mental or physical condition.
(b)CA Education Code § 67386(b) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall adopt detailed and victim-centered policies and protocols regarding sexual assault, domestic violence, dating violence, and stalking involving a student that comport with best practices and current professional standards. At a minimum, the policies and protocols shall cover all of the following:
(1)CA Education Code § 67386(b)(1) A policy statement on how the institution will provide appropriate protections for the privacy of individuals involved, including confidentiality.
(2)CA Education Code § 67386(b)(2) Initial response by the institution’s personnel to a report of an incident, including requirements specific to assisting the victim, providing information in writing about the importance of preserving evidence, and the identification and location of witnesses.
(3)CA Education Code § 67386(b)(3) Response to stranger and nonstranger sexual assault.
(4)CA Education Code § 67386(b)(4) The preliminary victim interview, including the development of a victim interview protocol, and a comprehensive followup victim interview, as appropriate.
(5)CA Education Code § 67386(b)(5) Contacting and interviewing the accused.
(6)CA Education Code § 67386(b)(6) Seeking the identification and location of witnesses.
(7)CA Education Code § 67386(b)(7) Providing written notification to the victim about the availability of, and contact information for, on- and off-campus resources and services, and coordination with law enforcement, as appropriate.
(8)CA Education Code § 67386(b)(8) Participation of victim advocates and other supporting people.
(9)CA Education Code § 67386(b)(9) Investigating allegations that alcohol or drugs were involved in the incident.
(10)CA Education Code § 67386(b)(10) Providing that an individual who participates as a complainant or witness in an investigation of sexual assault, domestic violence, dating violence, or stalking will not be subject to disciplinary sanctions for a violation of the institution’s student conduct policy at or near the time of the incident, unless the institution determines that the violation was egregious, including, but not limited to, an action that places the health or safety of any other person at risk or involves plagiarism, cheating, or academic dishonesty.
(11)CA Education Code § 67386(b)(11) The role of the institutional staff supervision.
(12)CA Education Code § 67386(b)(12) A comprehensive, trauma-informed training program for campus officials involved in investigating and adjudicating sexual assault, domestic violence, dating violence, and stalking cases.
(13)CA Education Code § 67386(b)(13) Procedures for confidential reporting by victims and third parties.
(c)Copy CA Education Code § 67386(c)
(1)Copy CA Education Code § 67386(c)(1) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall, to the extent feasible, enter into memoranda of understanding, agreements, or collaborative partnerships with existing on-campus and community-based organizations, including rape crisis centers and domestic violence centers, to refer students for assistance or make services available to students, including counseling, health, mental health, victim advocacy, and legal assistance, and including resources for the accused.
(2)CA Education Code § 67386(c)(2) In order to receive state funds for student financial assistance, the Trustees of the California State University and the Regents of the University of California shall, to the extent feasible, ensure that when a student who experiences sexual violence seeks support services from a campus advocate or community-based organization pursuant to a memorandum of understanding, agreement, or collaborative partnership described in paragraph (1), all of the following occurs:
(A)CA Education Code § 67386(c)(2)(A) The student receives information about the student’s options and rights to obtain a sexual assault forensic medical examination.
(B)CA Education Code § 67386(c)(2)(B) If the student is eligible to obtain a sexual assault forensic medical examination, the student receives information about the student’s right to be accompanied to the examination by a certified sexual assault counselor or support person of the student’s choosing, or both a certified sexual assault counselor and a support person of the student’s choosing.
(C)CA Education Code § 67386(c)(2)(C) If the student is eligible to obtain a sexual assault forensic medical examination, the student receives information about how to access transportation to an examination site, including transportation options that can be provided by or arranged by the campus.
(3)Copy CA Education Code § 67386(c)(3)
(A)Copy CA Education Code § 67386(c)(3)(A) Commencing with the 2025–26 school year, the Trustees of the California State University and the Regents of the University of California shall, to the extent practicable and necessary, provide to students who request and are eligible to obtain a sexual assault forensic medical examination, transportation to and from a SAFE or SART exam center for a qualified health care provider to administer a sexual assault forensic medical evidence kit. All of the following shall apply to the provision of transportation services, to the extent practicable:
(i)CA Education Code § 67386(c)(3)(A)(i) Transportation shall be provided without charge and in a manner that protects student safety and confidentiality.
(ii)CA Education Code § 67386(c)(3)(A)(ii) Transportation may include, but is not limited to, transportation by any of the following, if the student agrees to the transportation:
(I)CA Education Code § 67386(c)(3)(A)(ii)(I) A staff member of a SAFE exam center, SART exam center, rape crisis center, or community-based organization that is under a contract, memorandum of understanding, agreement, or collaborative partnership described in paragraph (1).
(II) The campus.
(III) Ride share services. If offering ride share services, campuses shall prioritize the use of ride share platforms that support the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191).
(IV) Law enforcement. This subclause does not require a student to accept transportation by law enforcement. Campuses shall establish at least one option for transportation that is not in a law enforcement vehicle.
(B)CA Education Code § 67386(c)(3)(A)(B) In order to receive state funds for student financial assistance, on or before June 30, 2026, and biennially thereafter, the Trustees of the California State University and the Regents of the University of California shall submit a report to the Legislature, pursuant to Section 9795 of the Government Code, on whether their respective institutions have provided transportation to students pursuant to subparagraph (A) and the manner in which students received the transportation to a local SAFE or SART exam center for a qualified health care provider to administer the sexual assault forensic medical evidence kit.
(C)CA Education Code § 67386(c)(3)(A)(C) For purposes of this subdivision, the following definitions apply:
(i)CA Education Code § 67386(c)(3)(A)(C)(i) “SAFE” means a Sexual Assault Forensic Examination.
(ii)CA Education Code § 67386(c)(3)(A)(C)(ii) “SART” means a Sexual Abuse Response Team.
(d)CA Education Code § 67386(d) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall implement comprehensive prevention and outreach programs addressing sexual violence, domestic violence, dating violence, and stalking. A comprehensive prevention program shall include a range of prevention strategies, including, but not limited to, empowerment programming for victim prevention, awareness raising campaigns, primary prevention, bystander intervention, and risk reduction. Outreach programs shall be provided to make students aware of the institution’s policy on sexual assault, domestic violence, dating violence, and stalking. At a minimum, an outreach program shall include a process for contacting and informing the student body, campus organizations, athletic programs, and student groups about the institution’s overall sexual assault policy, the practical implications of an affirmative consent standard, and the rights and responsibilities of students under the policy.
(e)CA Education Code § 67386(e) Outreach programming shall be included as part of every incoming student’s orientation.
(1)CA Education Code § 67386(e)(1) For purposes of this section, “outreach programming” includes, but is not necessarily limited to, informing students about all of the following:
(A)CA Education Code § 67386(e)(1)(A) The warning signs of intimate partner and dating violence.
(B)CA Education Code § 67386(e)(1)(B) Campus policies and resources relating to intimate partner and dating violence.
(C)CA Education Code § 67386(e)(1)(C) Off-campus resources and centers relating to intimate partner and dating violence.
(D)CA Education Code § 67386(e)(1)(D) A focus on prevention and bystander intervention training as it relates to intimate partner and dating violence.
(2)CA Education Code § 67386(e)(2) For purposes of this subdivision, informing students about “intimate partner and dating violence” includes, but is not necessarily limited to, providing information about violence that occurs between individuals with a current or previous intimate or dating relationship.
(3)CA Education Code § 67386(e)(3) For purposes of this subdivision, “incoming students” includes, but is not necessarily limited to, graduate, transfer, and international students, with a special consideration of their different needs, interactions, and engagements with their campuses.